Oca Energy Drinks Class Action Lawsuit: "No Preservatives" Claims Challenged

Case Overview: A new class action lawsuit is questioning the "No Preservatives" claims on Oca energy drinks, alleging they contain citric acid, a common preservative.

Consumers Affected: Consumers in the U.S. who purchased Oca energy drinks.

Court: U.S. District Court for the Middle District of Florida

Oca energy drinks, marketed as plant-based and preservative-free, might not be as clean as they seem. That’s the claim from a Florida woman who filed a lawsuit alleging that the drink’s labels mislead customers about its ingredients.

Emily Flood, the plaintiff, argues that Oca drinks contain citric acid, a substance widely recognized as a preservative. Her complaint, filed in December in a Florida federal court, takes aim at Beliv LLC, the company behind the beverage.

Lawsuit Alleges Oca Energy Drinks Contain Preservatives

Flood claims Oca products prominently display “No Preservatives” on their packaging while including citric acid, a compound the Food and Drug Administration (FDA) identifies as a preservative. According to the FDA, citric acid acts as an antimicrobial agent, helping to prevent mold and bacterial growth in foods and drinks.

The drinks, available in flavors like guava passion fruit and prickly pear lime, have been marketed as part of the growing “clean label” trend. However, Flood alleges that the labels misrepresent the product’s contents, misleading health-conscious buyers.

Plaintiff Says Labels Influence Buying Decisions

The lawsuit claims that Flood relied on the “No Preservatives” label when purchasing several Oca beverages at a Whole Foods in Tampa. Believing the drinks to be preservative-free, she argues she paid a premium price for a product she might not have bought otherwise.

“Ms. Flood would not have purchased the products, or would have purchased them on different terms, had she known the truth about their contents,” the lawsuit states. It further alleges that Beliv LLC sought to capitalize on consumer demand for natural and additive-free products, boosting sales by advertising the drinks as cleaner than they actually are.

Similar Cases Involving Food and Beverage Labels

This isn’t the first time misleading food and beverage labels have come under scrutiny. Coca-Cola is currently facing a lawsuit over its Minute Maid Fruit Punch, which claims to contain “No Preservatives Added” despite including citric acid. Another case involves Snapple, with plaintiffs arguing that its “All Natural” teas and juices mislead consumers by containing manufactured additives.

The Oca energy drink class action lawsuit accuses Beliv LLC of violating Florida’s Deceptive and Unfair Trade Practices Act and the state’s false advertising laws. It also includes claims of breach of warranty and unjust enrichment. Flood is seeking to represent all U.S. consumers who purchased Oca drinks believing they were preservative-free.

The suit calls for class certification, damages, and other relief for affected customers.

Case Details

• Lawsuit: Emily Flood v. Beliv LLC 
• Case Number: 8:24-cv-02993
• Court: U.S. District Court for the for the Middle District of Florida

Plaintiffs' Attorneys

• Bryan J. Geiger (Seraph Legal P. A.)

Have you tried Oca energy drinks? What are your thoughts on this lawsuit? Share your opinion in the comments below.